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· 1/31/1995

Arsenia Tolentino, and v. Lawrence Friedman, and Cross-Appellee

Citations

  • 46 F.3d 645
  • 1995 U.S. App. LEXIS 1866
  • 1995 WL 33949

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Paying counsel in FDCPA cases at rates lower than those they can obtain in the marketplace is inconsistent with the congressional desire to enforce the FDCPA through private actions, and therefore misapplies the law”
  • “Paying counsel in FDCPA cases at rates lower than those they can obtain in the marketplace is inconsistent with the congressional desire to enforce the FDCPA through private actions, and therefore misapplies the law.”
  • applying Rivera 's rationale in a fair debt collection practices case
  • “The reason for mandatory fees is that [C]ongress chose a ‘private attorney general’ approach to assume enforcement of the FDCPA.”
  • “In order to encourage able counsel to undertake FDCPA cases, as congress intended, it is necessary that counsel be awarded fees commensurate with those which they could obtain by taking other types of cases.”
  • award of fees to a successful plaintiff “mandatory”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Pratt, Flaum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.